10000. This division may be cited as the Municipal Improvement Act
of 1913.
10001. Unless the context otherwise requires, the definitions
contained in this part shall govern the construction of this
division.
10002. "Improvement" includes all work and improvements authorized
to be done under this division which are for a public purpose or
which are necessary or incidental to a public purpose.
10003. "Municipality" and "city" include every city, city and
county, or county, or other entity, public corporation, or agency
authorized to operate under this division, including any joint powers
entity created pursuant to Chapter 5 (commencing with Section 6500)
of Division 7 of Title 1 of the Government Code and any special
district organized for the purpose of aiding in the development or
improvement of navigation or commerce to, or within, the district.
10004. "Legislative body" includes any body which by law is the
legislative department of government of the city, or municipality.
10005. "City treasurer" includes any person or officer who has
charge and makes payments of the city or municipal funds.
10006. "Install" includes construct, reconstruct, extend, repair,
and maintain.
10006.5. Subject to the limitation of Section 10204.1, "incidental
expense" has the same meaning as specified in Section 5024.
10007. "Street" includes the whole or any part of one or more
public streets, alleys, or other places in any municipality, and
rights of way owned or held by any municipality for the purposes of
this division.
10008. "Assessment district" means the district of land to be
benefited by the improvement and to be specially assessed to pay the
costs and expenses of the improvement and the damages caused by the
improvement.
10009. The provisions of this division apply to all counties and
districts, or other public corporations insofar as such corporations
have the power applicable to them to make any of the improvements
authorized under this division. The officers of such counties,
districts, or other public corporations who have similar powers and
duties as the municipal officers referred to in this division have
the powers and duties given by this division to such municipal
officials. Where no similar officer exists, the legislative body of
the county, district, or public corporation shall by resolution
appoint a person or designate an officer to perform the duties under
this division.
10010. "Acquisition", or any of its variants, means and includes
one or more of the following:
(a) Any works, improvements, appliances, or facilities authorized
to be made, constructed, or acquired under this division and which
are in existence and installed in place on or before the date of
adoption of the resolution of intention for the acquisition thereof;
any use or capacity rights in any of the foregoing; and any works,
improvements, appliances, or facilities acquired or installed
pursuant to Sections 10109 to 10111, inclusive. Any work,
improvement, appliance, or facility which was not in existence and
installed in place on or before that date may be acquired if it was
constructed as if it had been constructed under the direction and
supervision or under the authority of the municipality.
(b) Electric current, gas, or other illuminating agent for power
or lighting service.
(c) Any real property, rights-of-way, easements, or interests in
real property, acquired or to be acquired by gift, purchase, or
eminent domain, and which are necessary or convenient in connection
with the construction or operation of any work or improvement
authorized to be acquired or to be made or constructed under this
division, except real property, rights-of-way, easements, or
interests in real property shown upon a final map filed with or
submitted to the legislative body for acceptance and approval
pursuant to the Subdivision Map Act (Division 2 (commencing with
Section 66410) of Title 7 of the Government Code) and offered for
dedication to public use by that map or by any separate offer of
dedication.
(d) The payment in full of all amounts necessary to eliminate any
fixed special assessment liens previously imposed upon any assessment
parcel included in the new assessment district. The amount of the
payment shall be included in the new assessment on the parcel. This
subdivision is applicable only where the acquisition is incidental to
other acquisitions or improvements.
10011. "Owner" means the person owning the fee, or the person in
whose name the legal title to the property appears, by deed duly
recorded in the county recorder's office of the county in which the
property is situated, or the person in possession of the property or
buildings under claim of, or exercising acts of ownership over the
same for himself, or as the executor, administrator, guardian, or
conservator of the owner. If the property is leased, the possession
of the tenant or lessee holding and occupying such property shall be
deemed to be the possession of the owner.
10012. This division shall be liberally construed in order to
effectuate its purposes. No error, irregularity, informality, and no
neglect or omission of any officer, in any procedure taken under this
division, which does not directly affect the jurisdiction of the
legislative body to order the work or improvement, shall avoid or
invalidate such proceeding or any assessment for the cost of work
done thereunder. The exclusive remedy of any person affected or
aggrieved thereby shall be by appeal to the legislative body in
accordance with the provisions of this division.
10013. Whenever any notice, resolution, order, or other matter is
required to be published or posted, and the duty of posting or
publishing, or procuring the same, is not specifically enjoined upon
any officer or person, the clerk shall post or procure the
publication or posting thereof, as the case may be.
No step in any proceeding shall be invalidated or affected by any
error or mistake or departure from the provisions of this section as
to the officer or person posting or publishing, or procuring the
publication or posting, of any notice, resolution, order, or other
matter when the same is actually published or posted for the time
required.
10014. The failure of the clerk to mail any notice or the failure
of any person to receive the same shall not affect in any way
whatsoever the validity of any proceedings taken under this division,
nor prevent the legislative body from proceeding with any hearing so
noticed.
10015. No notice, nor any publication of any notice, order,
resolution, or other matter, other than that expressly provided in
this part or elsewhere in this division, shall be necessary to give
validity to any of the proceedings provided in this division.
10016. Any resolution, notice, report, diagram, or assessment which
is required to contain a description of the improvements, the
boundaries of the assessment district or any zones therein, or the
lines and dimensions of any parcel of land, may, for a full and
detailed description thereof, refer to any plan or map which is on
file with the clerk, the county auditor, or the county assessor and
which is open to public inspection. The plan or map so referred to
shall govern for all details of the description.
10000. This division may be cited as the Municipal Improvement Act
of 1913.
10001. Unless the context otherwise requires, the definitions
contained in this part shall govern the construction of this
division.
10002. "Improvement" includes all work and improvements authorized
to be done under this division which are for a public purpose or
which are necessary or incidental to a public purpose.
10003. "Municipality" and "city" include every city, city and
county, or county, or other entity, public corporation, or agency
authorized to operate under this division, including any joint powers
entity created pursuant to Chapter 5 (commencing with Section 6500)
of Division 7 of Title 1 of the Government Code and any special
district organized for the purpose of aiding in the development or
improvement of navigation or commerce to, or within, the district.
10004. "Legislative body" includes any body which by law is the
legislative department of government of the city, or municipality.
10005. "City treasurer" includes any person or officer who has
charge and makes payments of the city or municipal funds.
10006. "Install" includes construct, reconstruct, extend, repair,
and maintain.
10006.5. Subject to the limitation of Section 10204.1, "incidental
expense" has the same meaning as specified in Section 5024.
10007. "Street" includes the whole or any part of one or more
public streets, alleys, or other places in any municipality, and
rights of way owned or held by any municipality for the purposes of
this division.
10008. "Assessment district" means the district of land to be
benefited by the improvement and to be specially assessed to pay the
costs and expenses of the improvement and the damages caused by the
improvement.
10009. The provisions of this division apply to all counties and
districts, or other public corporations insofar as such corporations
have the power applicable to them to make any of the improvements
authorized under this division. The officers of such counties,
districts, or other public corporations who have similar powers and
duties as the municipal officers referred to in this division have
the powers and duties given by this division to such municipal
officials. Where no similar officer exists, the legislative body of
the county, district, or public corporation shall by resolution
appoint a person or designate an officer to perform the duties under
this division.
10010. "Acquisition", or any of its variants, means and includes
one or more of the following:
(a) Any works, improvements, appliances, or facilities authorized
to be made, constructed, or acquired under this division and which
are in existence and installed in place on or before the date of
adoption of the resolution of intention for the acquisition thereof;
any use or capacity rights in any of the foregoing; and any works,
improvements, appliances, or facilities acquired or installed
pursuant to Sections 10109 to 10111, inclusive. Any work,
improvement, appliance, or facility which was not in existence and
installed in place on or before that date may be acquired if it was
constructed as if it had been constructed under the direction and
supervision or under the authority of the municipality.
(b) Electric current, gas, or other illuminating agent for power
or lighting service.
(c) Any real property, rights-of-way, easements, or interests in
real property, acquired or to be acquired by gift, purchase, or
eminent domain, and which are necessary or convenient in connection
with the construction or operation of any work or improvement
authorized to be acquired or to be made or constructed under this
division, except real property, rights-of-way, easements, or
interests in real property shown upon a final map filed with or
submitted to the legislative body for acceptance and approval
pursuant to the Subdivision Map Act (Division 2 (commencing with
Section 66410) of Title 7 of the Government Code) and offered for
dedication to public use by that map or by any separate offer of
dedication.
(d) The payment in full of all amounts necessary to eliminate any
fixed special assessment liens previously imposed upon any assessment
parcel included in the new assessment district. The amount of the
payment shall be included in the new assessment on the parcel. This
subdivision is applicable only where the acquisition is incidental to
other acquisitions or improvements.
10011. "Owner" means the person owning the fee, or the person in
whose name the legal title to the property appears, by deed duly
recorded in the county recorder's office of the county in which the
property is situated, or the person in possession of the property or
buildings under claim of, or exercising acts of ownership over the
same for himself, or as the executor, administrator, guardian, or
conservator of the owner. If the property is leased, the possession
of the tenant or lessee holding and occupying such property shall be
deemed to be the possession of the owner.
10012. This division shall be liberally construed in order to
effectuate its purposes. No error, irregularity, informality, and no
neglect or omission of any officer, in any procedure taken under this
division, which does not directly affect the jurisdiction of the
legislative body to order the work or improvement, shall avoid or
invalidate such proceeding or any assessment for the cost of work
done thereunder. The exclusive remedy of any person affected or
aggrieved thereby shall be by appeal to the legislative body in
accordance with the provisions of this division.
10013. Whenever any notice, resolution, order, or other matter is
required to be published or posted, and the duty of posting or
publishing, or procuring the same, is not specifically enjoined upon
any officer or person, the clerk shall post or procure the
publication or posting thereof, as the case may be.
No step in any proceeding shall be invalidated or affected by any
error or mistake or departure from the provisions of this section as
to the officer or person posting or publishing, or procuring the
publication or posting, of any notice, resolution, order, or other
matter when the same is actually published or posted for the time
required.
10014. The failure of the clerk to mail any notice or the failure
of any person to receive the same shall not affect in any way
whatsoever the validity of any proceedings taken under this division,
nor prevent the legislative body from proceeding with any hearing so
noticed.
10015. No notice, nor any publication of any notice, order,
resolution, or other matter, other than that expressly provided in
this part or elsewhere in this division, shall be necessary to give
validity to any of the proceedings provided in this division.
10016. Any resolution, notice, report, diagram, or assessment which
is required to contain a description of the improvements, the
boundaries of the assessment district or any zones therein, or the
lines and dimensions of any parcel of land, may, for a full and
detailed description thereof, refer to any plan or map which is on
file with the clerk, the county auditor, or the county assessor and
which is open to public inspection. The plan or map so referred to
shall govern for all details of the description.
10000. This division may be cited as the Municipal Improvement Act
of 1913.
10001. Unless the context otherwise requires, the definitions
contained in this part shall govern the construction of this
division.
10002. "Improvement" includes all work and improvements authorized
to be done under this division which are for a public purpose or
which are necessary or incidental to a public purpose.
10003. "Municipality" and "city" include every city, city and
county, or county, or other entity, public corporation, or agency
authorized to operate under this division, including any joint powers
entity created pursuant to Chapter 5 (commencing with Section 6500)
of Division 7 of Title 1 of the Government Code and any special
district organized for the purpose of aiding in the development or
improvement of navigation or commerce to, or within, the district.
10004. "Legislative body" includes any body which by law is the
legislative department of government of the city, or municipality.
10005. "City treasurer" includes any person or officer who has
charge and makes payments of the city or municipal funds.
10006. "Install" includes construct, reconstruct, extend, repair,
and maintain.
10006.5. Subject to the limitation of Section 10204.1, "incidental
expense" has the same meaning as specified in Section 5024.
10007. "Street" includes the whole or any part of one or more
public streets, alleys, or other places in any municipality, and
rights of way owned or held by any municipality for the purposes of
this division.
10008. "Assessment district" means the district of land to be
benefited by the improvement and to be specially assessed to pay the
costs and expenses of the improvement and the damages caused by the
improvement.
10009. The provisions of this division apply to all counties and
districts, or other public corporations insofar as such corporations
have the power applicable to them to make any of the improvements
authorized under this division. The officers of such counties,
districts, or other public corporations who have similar powers and
duties as the municipal officers referred to in this division have
the powers and duties given by this division to such municipal
officials. Where no similar officer exists, the legislative body of
the county, district, or public corporation shall by resolution
appoint a person or designate an officer to perform the duties under
this division.
10010. "Acquisition", or any of its variants, means and includes
one or more of the following:
(a) Any works, improvements, appliances, or facilities authorized
to be made, constructed, or acquired under this division and which
are in existence and installed in place on or before the date of
adoption of the resolution of intention for the acquisition thereof;
any use or capacity rights in any of the foregoing; and any works,
improvements, appliances, or facilities acquired or installed
pursuant to Sections 10109 to 10111, inclusive. Any work,
improvement, appliance, or facility which was not in existence and
installed in place on or before that date may be acquired if it was
constructed as if it had been constructed under the direction and
supervision or under the authority of the municipality.
(b) Electric current, gas, or other illuminating agent for power
or lighting service.
(c) Any real property, rights-of-way, easements, or interests in
real property, acquired or to be acquired by gift, purchase, or
eminent domain, and which are necessary or convenient in connection
with the construction or operation of any work or improvement
authorized to be acquired or to be made or constructed under this
division, except real property, rights-of-way, easements, or
interests in real property shown upon a final map filed with or
submitted to the legislative body for acceptance and approval
pursuant to the Subdivision Map Act (Division 2 (commencing with
Section 66410) of Title 7 of the Government Code) and offered for
dedication to public use by that map or by any separate offer of
dedication.
(d) The payment in full of all amounts necessary to eliminate any
fixed special assessment liens previously imposed upon any assessment
parcel included in the new assessment district. The amount of the
payment shall be included in the new assessment on the parcel. This
subdivision is applicable only where the acquisition is incidental to
other acquisitions or improvements.
10011. "Owner" means the person owning the fee, or the person in
whose name the legal title to the property appears, by deed duly
recorded in the county recorder's office of the county in which the
property is situated, or the person in possession of the property or
buildings under claim of, or exercising acts of ownership over the
same for himself, or as the executor, administrator, guardian, or
conservator of the owner. If the property is leased, the possession
of the tenant or lessee holding and occupying such property shall be
deemed to be the possession of the owner.
10012. This division shall be liberally construed in order to
effectuate its purposes. No error, irregularity, informality, and no
neglect or omission of any officer, in any procedure taken under this
division, which does not directly affect the jurisdiction of the
legislative body to order the work or improvement, shall avoid or
invalidate such proceeding or any assessment for the cost of work
done thereunder. The exclusive remedy of any person affected or
aggrieved thereby shall be by appeal to the legislative body in
accordance with the provisions of this division.
10013. Whenever any notice, resolution, order, or other matter is
required to be published or posted, and the duty of posting or
publishing, or procuring the same, is not specifically enjoined upon
any officer or person, the clerk shall post or procure the
publication or posting thereof, as the case may be.
No step in any proceeding shall be invalidated or affected by any
error or mistake or departure from the provisions of this section as
to the officer or person posting or publishing, or procuring the
publication or posting, of any notice, resolution, order, or other
matter when the same is actually published or posted for the time
required.
10014. The failure of the clerk to mail any notice or the failure
of any person to receive the same shall not affect in any way
whatsoever the validity of any proceedings taken under this division,
nor prevent the legislative body from proceeding with any hearing so
noticed.
10015. No notice, nor any publication of any notice, order,
resolution, or other matter, other than that expressly provided in
this part or elsewhere in this division, shall be necessary to give
validity to any of the proceedings provided in this division.
10016. Any resolution, notice, report, diagram, or assessment which
is required to contain a description of the improvements, the
boundaries of the assessment district or any zones therein, or the
lines and dimensions of any parcel of land, may, for a full and
detailed description thereof, refer to any plan or map which is on
file with the clerk, the county auditor, or the county assessor and
which is open to public inspection. The plan or map so referred to
shall govern for all details of the description.
